ct that the law is of land ministry, the Prime Minister asked the minister and secretary of Chittagong Hill Tracts Affairs Ministry as to why the rules were not framed. The aggrieved Prime Minister had asked “What is tough, passing law or making rules?” It is learnt that the law was enacted in 2001 during Awami League rule. But it did not come to effect as rules were not made. As a result the objective to settle the land dispute in hill areas did not succeed. The lengthy process of enacting a law including going through parliament, cabinet, law ministry and ministry concerned went in vain totally for the failure of executing the law for the lack of rules. Under these circumstances on May 27, 2013 allowing the minister and secretary three months time afresh to formulate rules, the Prime Minister had said, “No exception to this will be acceptable.” Three months elapsed, 15 months have passed off, but the rules are yet to see the light. Similarly, every ministry has one or two laws that cannot come into force for lack of rules. The government earned much appreciation by enacting Food Safety Act 2014 and amending Labour Law in the recent past. But these cannot be made effective in absence of rules. Naba Bikram Kishore Tripura, Secretary of Ministry of Chittagong Hill Tracts Affairs, told Kaler Kantho that rules under Chittagong Hill Tracts (CHT) Land Dispute Resolution Commission (amendment) Act 2013 are yet to be formulated. “We are concerned with this law. Had the rules been formulated, the land ministry would have informed us,” he added. A report of TIB said the lawmakers spend 12 percent time in enacting laws. The laws which are enacted hurriedly go in vain for not having rules. Former Cabinet Secretary Ali Imam Majumder said “All laws do not need rules. The obligation to make rule is mentioned in the law which needs it. The law carries the summary which is elaborated by the rules. As such, rules are needed to make the law effective. In many cases, laws cannot come into effect for lack of rules.” On October 10, 2013, Food Safety Act was enacted to protect life and ensure good health. This law was enacted taking opinion of experts after abolishing many traditional legal documents. The law cannot be enforced for lack of rules despite expiry of 11 months. The ministry posted a draft rule on the website for taking public opinion. About this, Food Minister Kamrul Islam said the draft of the rules has been prepared. The rules will be published in the gazette notification after being finalised. As the subject is wide, formulation of rules is being delayed.” It is learnt that the matter went to the court which directed the government to frame rules within two months. As per new labour law, if any organisation has at least 100 workers, it should introduce labour insurance. On fulfillment of 12 years of service, a worker will get yearly gratuity equal to one month’s salary. If anybody continues service exceeding 12 years, he/she will get gratuity to the tune of one and half months’ salary. The law was enacted on July 16 last year. The law also provides for trade union, group insurance and various rights and interest of the workers. Earlier, in 2006, the BNP-Jamaat government enacted a labour law ignoring 56 proposals by the then opposition Awami League. As the issues relating to trade union was not clear in that law, the labour leaders demanded for an amendment. As per the subsequent law, the salaries and benefits of the workers should be paid through banks. Earlier, the list of the names of trade union members had to be submitted to the employer but such provision has been obliterated now. This important law is also ineffective for lack of rules. State Minister for Labour Minister Mujibul Haque Chunnu said the process of making rules is underway. The rules will be published in gazette within a week. Officials of the commerce ministry said syndication is cropping up potentials of every sector in Bangladesh. They said market cannot be controlled for lack of implementation of law. But protection of consumers’ rights depends on proper implementation of law. People are hard hit by the skyrocketing of price of essentials. But the situation is aggravated ahead of Eid every year. The Consumers Protection Act was enacted in 2012 with a view to safeguarding the people from the ordeal of price spiral. But this law is yet to see the light in absence of rules. As the rules are not formulated, the commission cannot be constituted. Another official of the same ministry claimed that formulation of the rules is being delayed as the issue is new in Bangladesh and complicated. A businessman who is continuing business fulfilling all terms and condition cannot be called member of the syndicate. Many people think that the law is shelved to protect the interest of a section of businessmen. Besides, there is some weakness in the law. Mere making rules and constituting commission are not enough to solve the problem. It is imperative to apply the law properly. People are skeptical about output of the law in such a situation. One of the important legal documents benefiting society is mobile court related law. A magistrate can instantly convict an offender on the spot. After separation of the judiciary from the executive organ of the government in 2007, an ordinance to run mobile court was promulgated. In 2009, the ordinance was ratified as a law. Rules have not been formulated although six years have elapsed since the law was made. Recently, the cabinet division published an instruction manual for operating mobile court. It is not enough. It is law related with the home ministry. So, the ministry needs to make the rules. When wanted to know about the rules about mobile court, cabinet secretary Mosharraf Hossain Bhuiyan refused to make any comment. Home ministry officials also declined to say anything about this. Law about house rent was enacted in parliament in 1991, but rules have not yet been formulated. As a result, the law could not be executed. In order to check smoking, Tobacco and Tobacco product (control) Act was passed in 2005. In the following year rules of the law were also made. But massive amendments to the law were made on April 29, 2013. One year has elapsed, but the rules have not been amended. As a result the Tobacco Control Act cannot be executed. Besides, there are a number of laws including Consumers’ Rights Protection Act, Upazila Act, which cannot be enforced in absence of rules. An official of Public Administration Ministry said, it is unfortunate that a law will not be executed for lack of rules. Parliament sits at the cost of the people. The law enacted by the parliament must be executed. Courtsey: Kaler Kantho
Tuesday, September 16, 2014
Law passed by JS useless for lack of rules:Daily Sun
ct that the law is of land ministry, the Prime Minister asked the minister and secretary of Chittagong Hill Tracts Affairs Ministry as to why the rules were not framed. The aggrieved Prime Minister had asked “What is tough, passing law or making rules?” It is learnt that the law was enacted in 2001 during Awami League rule. But it did not come to effect as rules were not made. As a result the objective to settle the land dispute in hill areas did not succeed. The lengthy process of enacting a law including going through parliament, cabinet, law ministry and ministry concerned went in vain totally for the failure of executing the law for the lack of rules. Under these circumstances on May 27, 2013 allowing the minister and secretary three months time afresh to formulate rules, the Prime Minister had said, “No exception to this will be acceptable.” Three months elapsed, 15 months have passed off, but the rules are yet to see the light. Similarly, every ministry has one or two laws that cannot come into force for lack of rules. The government earned much appreciation by enacting Food Safety Act 2014 and amending Labour Law in the recent past. But these cannot be made effective in absence of rules. Naba Bikram Kishore Tripura, Secretary of Ministry of Chittagong Hill Tracts Affairs, told Kaler Kantho that rules under Chittagong Hill Tracts (CHT) Land Dispute Resolution Commission (amendment) Act 2013 are yet to be formulated. “We are concerned with this law. Had the rules been formulated, the land ministry would have informed us,” he added. A report of TIB said the lawmakers spend 12 percent time in enacting laws. The laws which are enacted hurriedly go in vain for not having rules. Former Cabinet Secretary Ali Imam Majumder said “All laws do not need rules. The obligation to make rule is mentioned in the law which needs it. The law carries the summary which is elaborated by the rules. As such, rules are needed to make the law effective. In many cases, laws cannot come into effect for lack of rules.” On October 10, 2013, Food Safety Act was enacted to protect life and ensure good health. This law was enacted taking opinion of experts after abolishing many traditional legal documents. The law cannot be enforced for lack of rules despite expiry of 11 months. The ministry posted a draft rule on the website for taking public opinion. About this, Food Minister Kamrul Islam said the draft of the rules has been prepared. The rules will be published in the gazette notification after being finalised. As the subject is wide, formulation of rules is being delayed.” It is learnt that the matter went to the court which directed the government to frame rules within two months. As per new labour law, if any organisation has at least 100 workers, it should introduce labour insurance. On fulfillment of 12 years of service, a worker will get yearly gratuity equal to one month’s salary. If anybody continues service exceeding 12 years, he/she will get gratuity to the tune of one and half months’ salary. The law was enacted on July 16 last year. The law also provides for trade union, group insurance and various rights and interest of the workers. Earlier, in 2006, the BNP-Jamaat government enacted a labour law ignoring 56 proposals by the then opposition Awami League. As the issues relating to trade union was not clear in that law, the labour leaders demanded for an amendment. As per the subsequent law, the salaries and benefits of the workers should be paid through banks. Earlier, the list of the names of trade union members had to be submitted to the employer but such provision has been obliterated now. This important law is also ineffective for lack of rules. State Minister for Labour Minister Mujibul Haque Chunnu said the process of making rules is underway. The rules will be published in gazette within a week. Officials of the commerce ministry said syndication is cropping up potentials of every sector in Bangladesh. They said market cannot be controlled for lack of implementation of law. But protection of consumers’ rights depends on proper implementation of law. People are hard hit by the skyrocketing of price of essentials. But the situation is aggravated ahead of Eid every year. The Consumers Protection Act was enacted in 2012 with a view to safeguarding the people from the ordeal of price spiral. But this law is yet to see the light in absence of rules. As the rules are not formulated, the commission cannot be constituted. Another official of the same ministry claimed that formulation of the rules is being delayed as the issue is new in Bangladesh and complicated. A businessman who is continuing business fulfilling all terms and condition cannot be called member of the syndicate. Many people think that the law is shelved to protect the interest of a section of businessmen. Besides, there is some weakness in the law. Mere making rules and constituting commission are not enough to solve the problem. It is imperative to apply the law properly. People are skeptical about output of the law in such a situation. One of the important legal documents benefiting society is mobile court related law. A magistrate can instantly convict an offender on the spot. After separation of the judiciary from the executive organ of the government in 2007, an ordinance to run mobile court was promulgated. In 2009, the ordinance was ratified as a law. Rules have not been formulated although six years have elapsed since the law was made. Recently, the cabinet division published an instruction manual for operating mobile court. It is not enough. It is law related with the home ministry. So, the ministry needs to make the rules. When wanted to know about the rules about mobile court, cabinet secretary Mosharraf Hossain Bhuiyan refused to make any comment. Home ministry officials also declined to say anything about this. Law about house rent was enacted in parliament in 1991, but rules have not yet been formulated. As a result, the law could not be executed. In order to check smoking, Tobacco and Tobacco product (control) Act was passed in 2005. In the following year rules of the law were also made. But massive amendments to the law were made on April 29, 2013. One year has elapsed, but the rules have not been amended. As a result the Tobacco Control Act cannot be executed. Besides, there are a number of laws including Consumers’ Rights Protection Act, Upazila Act, which cannot be enforced in absence of rules. An official of Public Administration Ministry said, it is unfortunate that a law will not be executed for lack of rules. Parliament sits at the cost of the people. The law enacted by the parliament must be executed. Courtsey: Kaler Kantho
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